Study On The Personal Injuries In The Construction Labor Outsourcing

Construction labor outsourcing is a major form of construction in recent years, in the "Contract Law", "Construction Law", "Labor Law"and other laws have recognized its legitimacy. However, in the high-risk industry, it is difficult to let workers who have suffered personal injury in the construction labor outsourcing get the right relief.This paper describes a case occurs by Construction labor outsourcing, analyzes the focus of controversy by combining with the related theory. The first part sets out the basic facts of the case and summarizes the focus of controversy. The second part surrounds the focus of controversy of the case to analyze. First, using the related theories and laws to analyze the legal relationship of the three parties involved in the case- the general contractor CX company, the subcontractors JM company and the victim Wang, concludes that the CX company and JM company belong to the external labor subcontracting relationship, the victim Wang and the JM company belong to factual labor relationship; Secondly, analyzing whether victim Wang’s injuries suffered in work, and finding that it is.; Finally, analyzing who is injury liability subject of the case, and finding that the JM company should be responsible for the injures of victim Wang. The third part analyzes the construction labor outsourcing starting employment in personal injury liability exists on the legal regulation of issues from the case, and I put some of my own proposals..